The role of a poll observer in Georgia is to observe the voting, counting, and certification processes and ensure procedures are being followed properly by poll workers and other staff. Their “primary concern is the integrity and fairness of the election.” “2021 Ga. Poll Worker Manual” at 2. Ideally this is a friendly and cooperative relationship where observers help to support both poll workers and voters throughout the process. If observers see process errors or have other concerns they may raise those issues. However, due to a recent law they are no longer permitted to raise them directly with on-site staff, but instead must report them directly to the Election Superintendent — which in most counties is the County Board of Elections. [1] O.C.G.A. § 21-2-408(d).**
Most of the vote counting and election certification processes in Georgia are open to the public. [2] However, poll observers enjoy closer proximity as these processes occur. They are permitted to enter what is called the “enclosed space.” The exact definition of this area varies somewhat based on the location, but it generally means an area that is where people “can approach within six feet of the ballot box, voting compartments, voting booths, voting machines, electronic ballot markers, or ballot scanners.” Ga. Comp. R. & Regs. r. 183-1-12-.02.
Because so much of the vote counting and election certification processes are combined, much of the process of authorizing poll observers is broken up by when in the election cycle the poll observers are desired (i.e., during early voting or on Election Day), and not by where the poll observer is stationed. [3] Additionally, there is no difference in powers based on where a poll observer is located.
As a practical matter, poll observers don’t really have an opportunity to raise challenges while serving in their role. Challenges must be in writing, and filed with the County Board of Registrars. See O.C.G.A. §§ 21-2-229(b), -230(a).
Poll observers are permitted in polling places in Georgia. See generally O.C.G.A. §§ 21-2-408, 413. **Each political party [4] can designate up to two individuals per precinct to serve as poll observers. O.C.G.A. § 21-2-408(b)(1). Independent and nonpartisan candidates are entitled to designate up to one candidate per precinct as a poll observer; however, non-candidate entities are not permitted to designate poll observers. See O.C.G.A. § 21-2-408(b). Candidates themselves are also prohibited from being poll observers. O.C.G.A. § 21-2-408(b)(1).
All poll observers must receive training “provided by the political party, political body or candidate designating” them. O.C.G.A. § 21-2-408(e). They must also be credentialed, which means that the party or candidate designating them must send a letter to the Election Superintendent certifying under oath that they have completed this training. O.C.G.A. § 21-2-408(e). After this letter is received, the Election Superintendent will issue each poll observer a badge that must be worn at all times while serving as a poll observer. Ga. Comp. R. & Regs. r. 183-1-13-.04. These badges must be issued at least three days before Election Day. O.C.G.A. § 21-2-408(b)(1).
In addition to poll observers that are assigned to specific precincts, political parties that have nominated a candidate for statewide office, independent candidates for statewide office, and candidates in nonpartisan elections for statewide office are entitled to designate 25 statewide poll observers. O.C.G.A. §§ 21-2-408(b)(2), (b)(3)(B). These poll observers have the “same powers and duties” as stationary poll observers, but they are entitled to enter and observe in any precinct; however, no more than two statewide poll observers can be at the same polling place. O.C.G.A. § 21-2-408(b)(2).
If political parties wish to make use of statewide poll observers, they must designate and file such letters designating these 25 individuals as poll observers and certifying they have completed appropriate training with the State Election Board at least 14 days prior to the election. O.C.G.A. §§ 21-2-408(b)(2), 21-2-408(b)(3)(B). The statewide poll observers will be provided with a letter signed by the chairperson of the State Election Board, and a copy of that letter will be distributed to Election Superintendents at least three days prior to an election. O.C.G.A. § 21-2-408(b)(2).
Poll observers on Election Day who are on-site when polls close can remain inside the polling location after the doors have been locked to the public. “2021 Ga. Poll Worker Manual” at 2. This access enables them to observe the various poll closing processes. For more information on those processes, visit: Polling Place Close-Out Procedures. “2021 Ga. Poll Worker Manual” at 2.
In Georgia, canvassing occurs at the same time as tabulation. The tabulation center is broken up into at least three areas: the check-in area, the computer room, and the duplication area; observers are permitted at each of these locations. O.C.G.A. § 21-2-408(c). The Election Superintendent also has the discretion to create additional areas if they identify “other areas … deem[ed] necessary to the assurance of fair and honest procedures in the tabulating center.” O.C.G.A. § 21-2-408(c).
Each political party [5] may have up to two poll observers at each position at the tabulation center. O.C.G.A. § 21-2-408(c). Each nonpartisan candidate and each independent candidate may also have one poll observer for each of the positions at the tabulation center. O.C.G.A. § 21-2-408(c).
If poll observers wish to be present for the tabulation of ballots on Election Day, they should be prepared to be at the tabulation center before the close of polls — and potentially much earlier. Arriving (much) earlier may be necessary because Election Superintendents have the discretion to begin tabulating absentee ballots that have already been received, as soon as polls open at 7 a.m. on Election Day. O.C.G.A. § 21-2-386(a)(3).
Poll observers designated to be at the tabulation center are “appointed and serve in the same manner as other poll” observers, with the one major difference. O.C.G.A. § 21-2-408(c). Poll observers at the polling locations are permitted to come and go as needed, but poll observers at the tabulation center are not permitted to leave once they have entered the property until polls have closed. O.C.G.A. § 21-2-386(a)(6).